If you don't appear its ok one of the parties must appear. You can be represented by lawyer.
I have a mutual consent divorce decree in Germany. Germany is not a reciprocating country, so I want to get the divorce validated in India by filing a suit according to Indian law. 1. While filing application to Indian court for validating the mutual consent decree from Germany, is it required to give reason for failure of marriage? Or is it enough to present the divorce decree without giving reason for divorce? 2. Can the party that applies avoid appearing at the court? Since I am in Germany, I do not want to go to India to do this. 3. If my ex-spouse files for validation of divorce instead of me, will I still need to appear in Indian court?
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File application in Indian court to validate the degree. A certified copy of the decree to be submitted in court.
Court will not further adjudicate the matter. It is already disposed of by a court.
You have to file petition under section 7 of family court act for declaration that marriage is dissolved by mutual consent divorce decree passed by Germany court
2) enclose certified copy of divorce decree
3) your personal appearance may be necessary .in alternative execute POA in favour of family member
4) your virtual presence through Skype should suffice
Draft your case properly with the help of a local advocate and use the original copy of divorce decree as a document. For filing the case the presence of party is not necessary.If you are unable to come to India then ask your advocate to prepare the petition and send it through email. You will take the print out and put the signature in petition before the attesting officer in Consulate and send it through courier services. So you can avoid the appearance at the time of filing . The court will send the notice to your ex for appearance.
1) Your mutual consent divorce performed on foreign ground are valid in the Indian courts.
2) If other party goes against you in Indian court then you can produce MCD.
3) You meed not have to come in person by giving PoA any family members of yours and vakalatnama it will be sufficient.
1. Since it is not known whether the mutual consent divorce granted in Germany is on the basis of the legally recognized grounds or reasons as per Indian laws.
If the reason for mutual consent divorce is no fault divorce or any other reason which is not legally recognized in India, then this divorce decree cannot be declared as valid even by filing a declaration suit in an Indian court.
Therefore first of all ascertain the grounds of divorce granted in Germany court.
2. Without the party appearing before court, the proposed case may not be entertained or taken on file in an Indian court.
3. Yes, you need to be present to confirm the same since you term it ad mutual consent divorce.
The Indian court may dismiss the case if both parties do not appear before court.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in foreign Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by foreign Court will not be applicable in India.
- Further, Ex-parte decree of Divorce granted by foreign Court will also not be recognised by Indian Court.
- Hence if you have already granted mutual divorce decree from the Germany court , then it is also valid in India.
1. You can get a declaratory decree on consent of the other party.
2. Yes in which case ex parte decree can be passed.
3. No.
Thanks for the replies. I have three questions: 1. Can you explain more about "declaratory decree" and how one can arrange that? 2. Does having a declaratory decree mean that one party can file and the other party does not need to appear in court? 3. For powers of attorney, can this be given to lawyers/advocates rather than family members?
It is for declaration that marriage is dissolved by foreign divorce decree
2) one party can file and notice would be issued to ex spouse
3) not advisable to give POA to lawyers
Suit for declaration is a declaration from the court on any issue by way of a decree of the court. In your case the divorce decree granted by court at Germany is declared as valid as per the document and evidence submitted by you . One party can file the suit . But notice for appearance will send to Other part. If they are not appeared before the court will declared them as exparty and decreed your suit. The power of attorney will given close relative or friend. Advocate can act as attorney on behalf of you
It is same as divorce decree. But in your matter there will not be any declaratory decree. You can't absolve your presence completely by any form of decree
1. It is a law suit to be filed before appropriate court seeking to declare the subject matter as legally valid.
In this suit both the parties to the previously decided legal dispute have to be impleaded as parties, in which the person filing the suit is the plaintiff and the other party shall be defendant.
The procedure to file the suit can be enquired from the lawyer who you would be engaging for this purpose.
2. It is pertinent for the other party also to appear before court without which the court may not be convinced about the legal validity of the divorce decree passed by a court of a foreign country especially if that country do not have reciprocation with India in this connection.
3. No.
You can file civil miscellaneous petition in an Indian Court to pass a decree declaring your divorce ordered by a foreign court.
If you can't appear before court issue a POA in the name of any friend or relative or in the name of your lawyer on behalf of you.
1. You won't have to show the reason for the divorce for getting the MCD decree validated.
2. This is an application for getting the foreign decree validated. So, you can file a petition for abstaining from appearing before the Court during the pandemic situation.
3. No.
1. Declaratory Decrees are issued based on declaratory suits filed before the Court which is a full scale suit to be contested/consented by both the parties.
2. If the other party refrains from appearing then ex-party decree might be passed. However, the other side can be represented by his/her Advocate.
3. Yes but deal carefully with the advocates in your own interest.